Citation and commencement

1. These Rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2009 and come into force on 6^th April 2009.

Amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991

2. The Family Proceedings Courts (Children Act 1989) Rules 1991(2) are amended in accordance with rules 3 to 11.

3. In the Arrangement of Rules–

(a) in the entry for rule 2, after "1989" insert "and the Childcare Act 2006(3)"; and

(b) after the entry for rule 2, insert–

"2A Proceedings with respect to which a single justice may discharge the functions of a court".

4. In the heading to rule 2, after "the Act of 1989", insert "and the Childcare Act 2006".

5. In rule 2(5)(a), omit "75(1)".

6. After rule 2, insert–

"2A Proceedings with respect to which a single justice may discharge the functions of a court

Where an application is made for a warrant under section 79 of the Childcare Act 2006, a single justice may discharge the functions of a family proceedings court in relation to those proceedings.".

7. In rule 4(4)–

(a) at the end of sub-paragraph (d), omit "or";

(b) at the end of sub-paragraph (e), insert "or"; and

(c) after sub-paragraph (e), insert–

"(f) a warrant under section 79 of the Childcare Act 2006.".

8. In rule 4(4)(ii), omit "and also in the case of an application for an order under section 75(1) where the application is ex parte,".

9. For rule 21(8)(b) substitute–

"(b) an order under section 44, 48(9) or 50."

10. In Schedule 1, for Forms C19 and C23, substitute the forms set out in the Schedule to these Rules.

11. In Schedule 2–

(a) in the entry relating to section 25, 44(1), 44(9)(b) etc., in column (i), omit "75(1)" and in column (iii), omit "75(1) or" and "in the case of an application under section 75(1), the registered person;";

(b) at the end of column (i), insert "Section 79 of the Childcare Act 2006";

(c) in the corresponding entry in column (ii), insert "1 day"; and

(d) in the corresponding entry in column (iii), insert "Any person preventing or likely to prevent Her Majesty´s Chief Inspector of Education, Children´s Services and Skills from exercising a power conferred on him by section 77".

Rule 10

SCHEDULE

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EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules make amendments to the Family Proceedings Courts (Children Act 1989) Rules 1991 ("the 1991 Rules").

Provision is made to ensure that on an application for a warrant by Her Majesty´s Chief Inspector of Education, Children´s Services and Skills under section 79 of the Childcare Act 2006 Act (power of constable to assist in exercise of powers of entry), a single justice may discharge the functions of a family proceedings court, to ensure that such an application may be made ex parte, and to specify for such an application the appropriate form, periods of notice and respondents. Form C19 (Warrant of Assistance) has been amended to refer to an application under section 79 and to make provision for an application under section 102 of the Children Act 1989 (c.41) in relation to the exercise of powers, in Wales, under section 79U of that Act.

References to section 75 of the Children Act 1989 are removed as that section is no longer in force.

Amendments have been made to Form C23 (Emergency Protection Order) in consequence of the repeal of section 45(9) of the Children Act 1989 by section 30 of the Children and Young Persons Act 2008 (c.23).